Following the Supreme Court's decision in Unison (see here for our detailed comment), which ruled that Employment Tribunal fees were unlawful, the Government has announced a scheme to reimburse those who have paid fees to bring their claims in the Employment Tribunals over the last four years.

October saw a phased implementation of the scheme apply to an initial 1,000 eligible parties, who were invited to apply for reimbursement. The Government has now rolled out the scheme in full, which is open to claimants, respondents (including those who had been ordered to reimburse fees incurred by their opposite number) and their representatives or sponsors who actually paid tribunal fees. The scheme does not yet cover those who may have been deterred from bringing claims due to the fee regime, or those claims that were rejected or dismissed for the non-payment of fees. An expansion of the scheme is expected in due course.

Eligible parties can apply online, by post or email. Specific forms will need to be completed, and successful applicants will be entitled to a full refund plus interest paid at a rate of 0.5%. Full details, and links to the necessary documentation, can be found here.